Greer v. Stewart
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court, in Chancery. Hon. John A. Williams, Judge. We submit that a court of chancery has no legal or constitutional power to summarily assess damages, upon the dissolution of an injunction in a case like this. The statute seems to limit the power of the courts to special cases, and unless this falls within the purview of the power conferred by the statute, we contend that the court had no jurisdiction.
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APPEAL from Jefferson Circuit Court, in Chancery. Hon. John A. Williams, Judge. We submit that a court of chancery has no legal or constitutional power to summarily assess damages, upon the dissolution of an injunction in a case like this. The statute seems to limit the power of the courts to special cases, and unless this falls within the purview of the power conferred by the statute, we contend that the court had no jurisdiction. It provides that when the injunction is obtained, “to stay proceedings upon a judgment or final order,” the court shall, upon a dissolution of the injunction,…
1Opinion of the CourtBattle, J.
On the 26th day of January, 1882, the appellant, G. B. Greer, filed a complaint in the Jefferson circuit court, and therein alleged, among other things, that on the 14th day of February, 1881, he leased to the appellee, Israel Stewart, his plantation in Jefferson county, known as the Watkins & Greer place, for a term of four years next succeeding, including 1881, for an annual rental of $2500, payable on the 1st day of December of each year; that by the terms of the lease, if the lessee failed to pay rent at maturity, the lessor might, at his option, terminate the lease and take possession of…
2Cases cited2 opinions
- Logsden v. WillisCourt of Appeals of Kentucky · 1878
- Rankin v. EstesCourt of Appeals of Kentucky · 1877
3Cited by4 opinions
- Felker v. RiceSupreme Court of Arkansas · 1913
- Higgins v. AdelsonNebraska Supreme Court · 1936
- Chicot Lumber Co. v. DardellSupreme Court of Arkansas · 1907
- Adcock v. CokerSupreme Court of Arkansas · 1912